Gujarat Court May 1985 Judgments
Aziz Traders Vs. the Chairman, Gujarat Electricity Board and ors.
Court: Gujarat
Decided on: May-04-1985
Reported in: AIR1986Guj145; (1986)1GLR171
ORDER1. This civil revision application provides an illustration as to what happens when civil courts pass orders (ad interim or interim) without taking into consideration the natural and ordinary consequences flowing therefrom. The case on hand illustrates what a chaotic situation is created in public administration and public finance and how the working of the State/public sector undertaking is paralysed and what an immense damage is done to the party who is really affected and yet not joined in the suit merely because the lower courts failed to take little more care at the initial stage. Therefore, the question arises, in certain type of cases, should the civil courts issue even ex parte ad interim orders without putting the plaintiff to any terms? Should the litigation which can be indulged into without any risk and which is likely to cause public damage, be encouraged? Would it not be proper if the lower courts be little more careful and circumspect while passing orders (ad interi...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Chetna Travel Service and ...
Court: Gujarat
Decided on: May-03-1985
Reported in: (1986)1GLR110
D.C. Gheewda, J.1. These seven petitions directed against the order of the State Transport Appellate Tribunal which is cited as respondent No. 3, though purported to have been filed under Article 226 of the Constitution are in fact petitions under Article 227 of the Constitution of India and seek to challenge the order of the said authority on numerous grounds.2. The facts of the case can be briefly narrated as under:Respondent No. 1 in all the petitions held a particular contract carriage permit originally issued by the Regional Transport Authority at Baroda which is cited as respondent No. 2. Subsequently, during the pendency of the said permit an application was given by respondent No. 1 to respondent No. 2 for extending he area of the validity of the said permit to other regions in the State of Gujarat Respondent No. 2 granted the said application. The orders of the said authority are produced at Annexure-A in each petition.3. Being aggrieved by the said decision, Gujarat State Tra...
Tag this Judgment!Combined Enterprises and ors. Vs. Vimlaben Naginbhai Patel
Court: Gujarat
Decided on: May-03-1985
Reported in: (1985)2GLR950
I.C. Bhatt, J.1. These three Misc. Civil Applications have been filed by the petitioners for transfer of the cases from the Court of the Civil Judge (J.D.), Anand to the Court of the Civil Judge (S.D.), Narol. In all these applications, the petitioners are the same, while the respondents are different. The respondents herein have filed three different suits, being Regular Civil Suit Nos. 98/81, 99/81 and 100/81 against the present petitioners, in respect of some suit agreement for sale dated 12-4-1980 and hence all these three applications are being disposed of by this common judgment.2. Transfer of a suit is not to be made in a light hearted fashion. The principle governing the general power of transfer and withdrawal under Section 24 of the Code of Civil Procedure is that the plaintiff is the dominus litis and as such entitled to institute his suit in any forum which the law allows him. The Court should not lightly change that forum and compel him to go to another Court, with consequ...
Tag this Judgment!NitIn I. Trivedi Vs. the Executive Engineer (Mechanical), Gujarat Mari ...
Court: Gujarat
Decided on: May-02-1985
Reported in: AIR1986Guj141; (1985)2GLR860
Gokulakrishnan, C.J.1. This Letters Patent Appeal is against the order passed in Special Civil Application No.2337 of 1985. The learned Single Judge of our High Court dismissed the Special Civil Application which was filed under Art. 226 of the Constitution praying for the issue of writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the bid in favour of the respondent 2 in the Special Civil Application, pursuant to the notice at Annexure 'A' to the said petition. The appellant herein has also prayed in that Special Civil Application that after setting aside the auction, a fresh auction be held in accordance with law. The facts for the purpose of the disposal of the present Letters Patent Appeal is, that the appellant bid at the auction for the sale of coal ash at the rate of Rs. 371/- per tonne and that the second respondent herein bid at the auction at the rate of Rs. 375/- per tonne., The second respondent deposited a sum of Rs. 50,000/- on t...
Tag this Judgment!- ‹ Prev
- Next ›